I-551 but studying abroad?

[Faust 0]

I have a question concerning any possible difficulties that I might be faced with once wanting to study abroad for 2 years when being a permanent resident.

I've heard that one might get into trouble with the INS when remaining out of the States for an extended periode of time. Eventually losing his right of permanent residency unless giving enough reason to believe that one does not intend to waive his residency in the US.

Now I'd like to find out if studying abroad counts as an intention for not wanting to remain a permanent resident and whether or not a continuous filing of tax reports in the US would be enough evidence to prove that claim? (besides proving that you actually attend school that is of course)

I might point out that I'm not a resident yet, but I'd fall under the family based immigration section and am therefor not expecting any great difficulties in obtaining residency. Nevertheless I'd like to figure out whether it was better to wait until I finish post-grad studies at the handicap of not being able to work in the States in the meantime, etc... (e.g. having to bear the embaressment of your friends' laughter after they figure out you've actually been nothing but a "tourist" throughout all those years. A thought I'm not always feeling comfortable with myself btw...)

So any information are being greatly appreciated and thanks for your time!

- Frank

[Boiler 45,733]

It all depends on exactly how you play it. Certainly possible.

Remember that the US is your permanent abode and that any schooling 'abroad' will be temporary.

I have certainly seen it where the parents have emmigrated and a child has gone back to do Uni. There they have their home base in the US at their Parents address and come back outside term time.

Have a look at the USCIS site for their comments.

I understand that maintaining residency issues is considered a specialism in its own right in legal circles.

Proabbaly not the best section to post in, but not sure if anybody who frequents this board would be particularly knowledgable.

[zyggy 9]

It all depends on exactly how you play it. Certainly possible.

Remember that the US is your permanent abode and that any schooling 'abroad' will be temporary.

I have certainly seen it where the parents have emmigrated and a child has gone back to do Uni. There they have their home base in the US at their Parents address and come back outside term time.

Have a look at the USCIS site for their comments.

I understand that maintaining residency issues is considered a specialism in its own right in legal circles.

Proabbaly not the best section to post in, but not sure if anybody who frequents this board would be particularly knowledgable.

There could definitely be questions about abandonment and is definitely could involve some risk. I don't believe that anybody on this boardc would be able to help you as this requires specific legal advice. You'll need to consult with an immigration attorney that specializes in abandonment issues to determine if this could be a significant issue for you.

Edited February 9, 2006 by zyggy

[raymaga 25]

I would be very interested to know the answer to this question as well.

There must be someone out there who has had children accompany them to the U.S., that child then got their Green Card, and later decided to go to University either in their home country or even another country, with the intention of the U.S. being their "home" and returning to the U.S. for Xmas break, summer break, etc.

My daughter has her AOS interview Feb. 22nd, and is currently looking at Universities in both the U.S. AND Canada. If she were to get accepted to one in Canada, I would hate for her to lose her PR status.

Anybody done this? Please comment.

[Faust 0]

Thanks for your quick replies! I'm gonna try to get some more information on this subject from other forums as well and post them conclusions here once I do!

But I'd kind of dislike the thought of actually having to take official legal advice just to figure out whether or not I could be facing serious problems if I did file my case now - rather than, lets say in 3 years. I might be lucky to have the legal options to gain residential rights, but I'm not loaded! But who knows, maybe I'll be forced to do that anyway...

So yeah, I'll post more info once I find something.

- Frank

[Mand 1]

This was posted in an archived thread Here .

Here was a reply by zyggy...

There are several factors at play...

1) You can remain outside the US on a GC for up to one year and up to two if you applied for a re-entry permit before you left the US. However, this assumes that you still keep a domicile in the US and have not abandoned your PR status. As long as your primary domicile is in the US, the above will apply to you.

Now, I don't know the legal rights to all of this, but would love to know whatever you find out, incase the situation arose that we had to return to live in Ireland within the next 2 years. I'll try to dig around also.

[Mand 1]

Ok...here's some info I found.

Re-Entry Permit

Lawful Permanent Residents (green card holders) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR’s returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S.

Conditional residents use re-entry permits to re-enter the U.S. after travel of one year or more. For conditional residents returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit or until the date the conditional resident must apply for the removal of conditions, whichever comes first. The conditional resident should apply for this benefit before leaving the U.S.

The Bureau does not extend re-entry permits. See Section 223 of the Immigration and Nationality Act.

Please note that a re-entry permit does not guarantee admission into the U.S. Aliens with re-entry permits are still subject to the inspection process at the port of entry. It is also important to note that travel outside of the U.S for more than one year will under most circumstances break the continuous residence requirement for later naturalization purposes. Travel for over 6 months may break the continuous residence requirement. See Section 316 (B) of the Immigration and Nationality Act.

How to File For a Re-Entry Permit

If the alien is a permanent resident or conditional resident, he or she must attach:

• A copy of the alien registration receipt card; or

• If he has not yet received his alien registration receipt card, a copy of the biographic page of his passport and the page of his passport indicating initial admission as a permanent resident, or other evidence that the alien is a permanent resident; or

• A copy of the approval notice of a separate application for replacement of the alien registration receipt card or temporary evidence of permanent resident status.

Form I-131 Re-entry mailing instructions

If you are requesting a Refugee Travel Document or a Reentry Permit, send your application to the Nebraska Service Center. Do not send the form to the address listed in the form's instructions.

[Yodrak 7]

Faust,

Interesting thought you have about getting legal advice, since it is a serious legal issue.

And, being as you're not loaded, it's an issue that could cost you a thousand or more if you make a mistake whereas getting competent legal advice would cost you a hundred or so.

Yodrak

...

But I'd kind of dislike the thought of actually having to take official legal advice just to figure out whether or not I could be facing serious problems if I did file my case now - rather than, lets say in 3 years. I might be lucky to have the legal options to gain residential rights, but I'm not loaded! But who knows, maybe I'll be forced to do that anyway...

...

- Frank

[Boiler 45,733]

I would be very interested to know the answer to this question as well.

There must be someone out there who has had children accompany them to the U.S., that child then got their Green Card, and later decided to go to University either in their home country or even another country, with the intention of the U.S. being their "home" and returning to the U.S. for Xmas break, summer break, etc.

My daughter has her AOS interview Feb. 22nd, and is currently looking at Universities in both the U.S. AND Canada. If she were to get accepted to one in Canada, I would hate for her to lose her PR status.

Anybody done this? Please comment.

No lawyer can tell you what will happen to you, nor will any give you a guarnatee. Likewise any board.

They may be able to help you if you have choices.

When it comes down to it, the POE initially decides, if you contest it you would be detained and put before an IJ.

Best not to sail that close, or do so knowing the possible consequences.

[Mand 1]

Boiler is correct...ultimately the Officer at the POE has the final say.

Here's what the USCIS website states...

Less Than a Year: Use Your Green Card

If you are a lawful permanent resident (immigrant) returning to the United States from a visit abroad of less than a year, you may apply for readmission by presenting your Permanent Resident Card ("Green Card") to the immigration authorities at a port of entry.

(The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee).

1-2 Years: Reentry Permit

If you are a lawful permanent resident or conditional permanent resident and wish to remain outside the United States for more than one year, but less than two, you require a reentry permit. A reentry permit is not required for a trip that is shorter than one year. (You should note that an absence of more than one year will break the period of continuous residence required to become a citizen, even if a reentry permit is issued -- see Application for Preservation of Residence). A Reentry Permit is also issued to lawful permanent residents who want to travel outside the United States, but cannot get a national passport from their country of nationality. A reentry permit is valid for two years and may not be extended.

An application (Form I-131, Application for Travel Document), along with the supporting documentation and fees, should be submitted while in the United States, at least 30 days prior to your proposed date of departure, to: U.S. Citizenship and Immigration Services, Northern Service Center, 100 Centennial Mall North, Room B-26, Lincoln, Nebraska 68508. If you think you may have to leave the United States before the reentry permit is received, you may have it sent to a U.S. Consulate or USCIS office overseas for pick up. There is a place on Form I-131 to furnish the information necessary to receive the reentry permit outside of the United States. However, even though you may receive the reentry permit overseas, the application must be submitted while you are still in the United States.

[Faust 0]

Faust,

Interesting thought you have about getting legal advice, since it is a serious legal issue.

And, being as you're not loaded, it's an issue that could cost you a thousand or more if you make a mistake whereas getting competent legal advice would cost you a hundred or so.

Yodrak

You're right, since that's the case in pretty much all legal issues. I could spend quite some money to get a lawyer to handle my specific case. Or I could try to find others who spent that money on the very same issue before and just kindly ask them to share their experience as I'd be sharing mine.

Either way... I'm a student who doesn't wanna lay on his parents' pockets, so I consider it as nothing but natural to get at least some information through forums like these before I start spending my money on the actual issue. Something I'm sure of happening rather sooner than later anyway.

Anyway. I was just checking up on the information you just gave me about the re-entry permit.

According to http://www.visalaw.com/01jan4/12jan401.html this alone would possibly not be enough: for "even with a reentry permit the LPR can still be deemed to have abandoned status." So the filing of additional proof seems to be inevidable. Question remains... what is considered enough proof?

[Yodrak 7]

Faust,

First, let's be clear that I did not suggest that you get a lawyer to handle your case - I suggested that you get a lawyer's advice.

Second, the issue of abandonement is extremely subjective and highly case-specific. People who have faced the same issue have not likely faced it with the same fact pattern as you. Similar, maybe, but the devil is often in the details.

You are correct that a Re-entry Permit may be necessary but not sufficient. Your final question is a very significant one. As Boiler points out, a lawyer cannot give you a guarantee, but a lawyer who has experience with abandonment can give you far better advice than any newsgroup member.

(Having been a student myself, I'm curious - how much do you spend on beer in a typical month?)

Yodrak

Faust,

Interesting thought you have about getting legal advice, since it is a serious legal issue.

And, being as you're not loaded, it's an issue that could cost you a thousand or more if you make a mistake whereas getting competent legal advice would cost you a hundred or so.

Yodrak

You're right, since that's the case in pretty much all legal issues. I could spend quite some money to get a lawyer to handle my specific case. Or I could try to find others who spent that money on the very same issue before and just kindly ask them to share their experience as I'd be sharing mine.

Either way... I'm a student who doesn't wanna lay on his parents' pockets, so I consider it as nothing but natural to get at least some information through forums like these before I start spending my money on the actual issue. Something I'm sure of happening rather sooner than later anyway.

Anyway. I was just checking up on the information you just gave me about the re-entry permit.

According to http://www.visalaw.com/01jan4/12jan401.html this alone would possibly not be enough: for "even with a reentry permit the LPR can still be deemed to have abandoned status." So the filing of additional proof seems to be inevidable. Question remains... what is considered enough proof?

Edited February 9, 2006 by Yodrak

[meauxna 15]

(Having been a student myself, I'm curious - how much do you spend on beer in a typical month?)

Yodrak

(sorry, couldn't help it, Y!)

[Boiler 45,733]

Faust,

First, let's be clear that I did not suggest that you get a lawyer to handle your case - I suggested that you get a lawyer's advice.

Second, the issue of abandonement is extremely subjective and highly case-specific. People who have faced the same issue have not likely faced it with the same fact pattern as you. Similar, maybe, but the devil is often in the details.

You are correct that a Re-entry Permit may be necessary but not sufficient. Your final question is a very significant one. As Boiler points out, a lawyer cannot give you a guarantee, but a lawyer who has experience with abandonment can give you far better advice than any newsgroup member.

(Having been a student myself, I'm curious - how much do you spend on beer in a typical month?)

Yodrak

Faust,

Interesting thought you have about getting legal advice, since it is a serious legal issue.

And, being as you're not loaded, it's an issue that could cost you a thousand or more if you make a mistake whereas getting competent legal advice would cost you a hundred or so.

Yodrak

You're right, since that's the case in pretty much all legal issues. I could spend quite some money to get a lawyer to handle my specific case. Or I could try to find others who spent that money on the very same issue before and just kindly ask them to share their experience as I'd be sharing mine.

Either way... I'm a student who doesn't wanna lay on his parents' pockets, so I consider it as nothing but natural to get at least some information through forums like these before I start spending my money on the actual issue. Something I'm sure of happening rather sooner than later anyway.

Anyway. I was just checking up on the information you just gave me about the re-entry permit.

According to http://www.visalaw.com/01jan4/12jan401.html this alone would possibly not be enough: for "even with a reentry permit the LPR can still be deemed to have abandoned status." So the filing of additional proof seems to be inevidable. Question remains... what is considered enough proof?

I would ditto that a re-entry permit does not abslove you of needing to maintain residency.

The student with parents in the US is quite an easy one.

Otherwise, well if you own or rent a home here, bank accounts here, etc etc, And the nature of your trip abroad.

I do not think there at that many lawyers out there who would be experts in this area, the chances of a general immigration lawyer being one of them is small.

One of the advantages of citizenship.

[Faust 0]

Faust,

First, let's be clear that I did not suggest that you get a lawyer to handle your case - I suggested that you get a lawyer's advice.

Second, the issue of abandonement is extremely subjective and highly case-specific. People who have faced the same issue have not likely faced it with the same fact pattern as you. Similar, maybe, but the devil is often in the details.

You are correct that a Re-entry Permit may be necessary but not sufficient. Your final question is a very significant one. As Boiler points out, a lawyer cannot give you a guarantee, but a lawyer who has experience with abandonment can give you far better advice than any newsgroup member.

(Having been a student myself, I'm curious - how much do you spend on beer in a typical month?)

Yodrak

Ah, okay... then I simply misread your intentions. Sorry for that, mea culpa

I barely drink any beer at all and actually live quite spartanic if that's what you ment to know. I'm not ashamed of where I come from, but I'm aware of my situation and therefor try to handle my expanses in a responsible way - that's all.

Nevertheless, do I see your point. Details can most certainly be tricky, and probably even require some special attention. And I guess I won't come around that certain question anymore of whether or not early residency is important enough for me to justify the expected costs. Always in relation to what I'd be faced with if I just waited a few more years, or at least until after the completition of my graduation. Boy, why is immigration such a pain in the ***? I feel like Nemo, and I just wanna go home

Not really the best way to handle this I guess, but what can you do...